Actual Harm or Potential Harm to Beneficial Uses. 2 This factor considers the actual harm or potential harm to beneficial uses that may result from exposure to the pollutants or contaminants in the discharge. A score between 0 and 5 is assigned. Discharges of untreated wastewater to surface water must typically be treated to a high standard to prevent adverse impacts to aquatic life. For this violation, there were 13 discharges of raw untreated wastewater, all of which may have contained pathogens, nitrogen, ammonia, metals, and biological oxygen demand. The SSOs entered the Rio Hondo, Xxxxxxxxx Channel, Alhambra Wash, San Xxxx Creek, Xxxxxxx Lake, Xxxxxx Seco Channel, Malaga Creek, and the Los Angeles River. The Basin Plan designates existing and potential beneficial uses for these water bodies which includes municipal and domestic supply; warm freshwater habitat; estuarine habitat; wildlife habitat; rare, threatened, or endangered species; migration of aquatic organisms; and spawning, reproduction, and/or early development. Most of the spills were less than 10,000 gallons. The spills were at various times of the year; in the winter the water bodies could have high flows, resulting in the potential for dilution, while in the summer or fall the water bodies could have low flows with less dilution available and therefore a higher potential impact. A “below moderate” potential for harm is defined as “observed or reasonably expected potential impacts, but based on the characteristics of the discharge and applicable beneficial uses, harm or potential harm to beneficial uses is measurable in the short term, but not appreciable.” Given the size of the SSOs, the impacts to beneficial uses were likely to attenuate without appreciable short term acute or chronic effects. Therefore, a score of 2, below moderate, is assigned for this factor.
Actual Harm or Potential Harm to Beneficial Uses. The Enforcement Policy specifies that a score between 0 and 5 be assigned based on a determination of whether direct or indirect harm, or potential for harm, from a violation is negligible (0) to major (5).
Actual Harm or Potential Harm to Beneficial Uses. 3 This factor considers the actual harm or potential harm to beneficial uses that may result from exposure to the pollutants or contaminants in the discharge. A score between 0 and 5 is assigned. The actual or potential harm to beneficial uses is Moderate (3) for the violation. “Moderate” is assigned when impacts are observed or reasonably expected but harm or potential harm to beneficial uses is moderate and likely to attenuate without appreciable medium or long term acute or chronic effects. The Los Cerritos Channel, where the discharge of untreated wastewater occurred, is located within the Los Cerritos Channel Watershed. The Channel is concrete lined above the tidal prism and drains a relatively small area of east Long Beach, albeit a densely urbanized one. The Channel’s tidal prism starts at Anaheim Road and connects with Alamitos Bay through Marine Stadium; the Los Cerritos Wetlands connect to the Channel a short distance from the lower end of the Channel.9 The potential (P), existing (E), and intermittent (I) beneficial uses designated in the Water Quality Control Plan for the Los Angeles Region (Basin Plan) for the Los Cerritos Channel Watershed and downstream waterbodies include: • Los Cerritos Channel (above Anaheim Road) – municipal and domestic supply (P), wildlife habitat (E) and a warm freshwater habitat (I), water contact recreation (P), and non-contact water recreation (I). • Los Cerritos Channel Estuary (below Anaheim Road) – industrial service supply (E), navigation (E), commercial and sportfishing (E), estuarine habitat (E), marine habitat (E), wildlife habitat (E), rare, threatened, or endangered species (E), migration of aquatic organisms (E), spawning, reproduction, and/or early development (E), shellfish harvesting (E), water contact recreation (E), and non-contact water recreation (E). • Los Cerritos Wetlands – navigation (E), commercial and sportfishing (E), estuarine habitat (E), wildlife habitat (E), rare, threatened, or endangered species (E), migration of aquatic organisms (P), spawning, reproduction, and/or early development (P), shellfish harvesting (E), wetland habitat (E), water contact recreation (E), and non-contact water recreation (E). 8 Ibid.
Actual Harm or Potential Harm to Beneficial Uses. A score between 0 and 5 is assigned based on a determination of whether the harm or potential for harm to beneficial uses ranges from negligible (0) to major (5). During the 2 February 2019 SSO, raw sewage was discharged to a stormwater conveyance which discharges to Cottonwood Creek, a Water of the United States. The designated beneficial uses of Cottonwood Creek that could be impacted by the unauthorized discharge are outlined in the Water Quality Control Plan for the Sacramento and San Joaquin River Basins, Fifth Edition, May 2018 (Basin Plan) and include municipal and domestic supply, irrigation supply, stock watering, contact and non-contact recreation, warm and cold freshwater habitat, cold migration, warm and cold spawning, and wildlife habitat. Raw sewage contains pathogens, nitrogen, ammonia, and creates a biological oxygen demand. Raw sewage impacts cold and warm freshwater habitat and wildlife habitat because fish are highly sensitive to even small concentrations of ammonia. In addition, raw sewage impacts contact and non-contact recreation because it contains pathogens which adversely affect human health.
Actual Harm or Potential Harm to Beneficial Uses. A score between 0 and 5 is assigned in accordance with the statutory factors of the nature, circumstances, extent, and gravity of the violation, based on a determination of whether the harm or potential for harm is negligible (0), minor (1), below moderate (2), moderate (3), above moderate (4), or major (5). The Prosecution Team assigned a score of 2. The Enforcement Policy defines a score of 2 as a discharge with “less than moderate harm or potential harm to beneficial uses.” As such, a score of 2 could result in “harm or potential harm to beneficial uses [that are] measurable in the short term, but not appreciable. “ A score of 2 was selected because the impacts are below moderate in that the discharges are occurring during wet weather and the flow is likely not significant. This factor is also appropriate because, although the receiving water is repeatedly subject to disruption by solids, metals, TCDD, and bacteria, flows during wet weather tend to dilute the discharge. Deposition of solids can clog rivers and can adversely affect invertebrate life and fish egg survival. Additionally, toxic pollutants, such as metals and TCDD, have the potential to bioaccumulate in aquatic life, which poses both a risk to aquatic life and human health.
Actual Harm or Potential Harm to Beneficial Uses. The evaluation of the actual harm or the potential harm to beneficial uses factor considers the harm to beneficial uses in the affected receiving water body that may result from exposure to the pollutants or contaminants in the discharge. A score between 0 and 5 is assigned based on a determination of whether the harm or potential for harm to beneficial uses is negligible (0), minor (1), below moderate (2), moderate (3), above moderate (4), or major (5). Because Dry Creek is a tributary to the Tuolumne River, the description of the beneficial uses of the Tuolumne River in Violation 1 apply to this violation as well. The 30 October 2021 spill consisted of raw sewage, which discharged directly into Dry Creek, and ultimately to the Tuolumne River. The flow rate of the Tuolumne River on October 30th, measured near the spill location, is depicted in Figure 2 below. The flow rate on October 30th (Figure 2) was 6 times lower than the flow rate on October 25th (Figure 1) though the spill volume was similar. Without significant dilution from a heavy rainfall event, the harm or potential harm to beneficial uses is moderate and likely to attenuate without appreciable medium or long term acute or chronic effects. Therefore, a score of 3 is assigned to this factor.
Actual Harm or Potential Harm to Beneficial Uses. The evaluation of the actual harm or the potential harm to beneficial uses factor considers the harm to beneficial uses in the affected receiving water body that may result from exposure to the pollutants or contaminants in the discharge. A score between 0 and 5 is assigned based on a determination of whether the harm or potential for harm to beneficial uses is negligible (0), minor (1), below moderate (2), moderate (3), above moderate (4), or major (5). The 24-25 October 2021 spill consisted of untreated raw sewage, which discharged into Dry Creek, a tributary to the Tuolumne River. The designated beneficial uses of the Tuolumne River that could be impacted by the discharge are outlined in the Water Quality Control Plan for the Sacramento and San Joaquin River Basins, Fifth Edition, revise February 2019 (Basin Plan).4 The beneficial uses include municipal and domestic supply, agricultural irrigation, stock watering, contact and non-contact recreation, warm and cold freshwater habitat, migration, spawning, and wildlife habitat. The flow rates of the Tuolumne River were recorded at the U.S. Geological Survey (USGS) river monitoring station, USGS 11290000,5 located near the spill location. As shown in Figure 1 below, the flow rates were above average when the violation occurred. 4 The Basin Plan can be found here, xxxxx://xxx.xxxxxxxxxxx.xx.xxx/centralvalley/water_issues/basin_plans/sacsjr_201902.pdf. 5 Global positioning system (gps) coordinates are 37°37'38", 120°59’00”. Although the spill volume was large at 211,654 gallons, the 24-25 October 2021 SSO occurred during a high intensity storm event which diluted the discharge, thus reducing the potential harm to beneficial uses. Therefore, the harm or potential harm to beneficial uses was measurable in the short term, but not appreciable. The discharge was expected to have a “below moderate” impact to beneficial uses to the Tuolumne River; thus, a score of 2 is assigned to this factor.
Actual Harm or Potential Harm to Beneficial Uses. This evaluation considers the actual or potential harm to beneficial uses in the affected receiving water body that may result from exposure to the pollutants or contaminants in the discharge, consistent with the statutory factors of the nature, circumstances, extent, and gravity of the violation(s). The Prosecution Team may consider actual harm or potential harm to human health, in addition to harm to beneficial uses. The score evaluates direct or indirect actual harm or potential for harm from the violation. Actual harm as used in this section means harm that is documented and/or observed. Potential harm should be evaluated in the context of the specific characteristics of the waste discharged and the specific beneficial uses of the impacted waters. The Enforcement Policy specifies a score ranging from 0 to 5 based on a determination of whether direct or indirect harm or potential for harm from a violation is negligible (0) to major (5).
